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Q
Can I file a civil lawsuit for severance pay against the owner of my former workplace?
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During COVID-19, the company struggled greatly, and in the end it could not recover and recently went bankrupt. Even so, this was a workplace where I worked diligently for about three years, yet the owner is not paying my severance pay. I asked the owner several times to give me my severance pay, but my requests were rejected and I have been ignored. I intend to file a report of unpaid severance pay with the labor office, and I would also like you to tell me how to proceed with a civil lawsuit for severance pay.
Right to claim severance pay
Civil lawsuit for severance pay
Answer to Related Inquiry
Author: 고병준
It is very unfortunate that you have not received your severance pay from a workplace where you worked so diligently.
When severance pay has not been paid, you may file a report of unpaid severance pay with the labor office and request administrative handling, and there is also a method of claiming it directly in court through a civil lawsuit for severance pay.
In the case of a civil lawsuit for severance pay, an individual can proceed on their own, but the legally recognized calculation of severance pay, the preparation of supporting evidence, and the carrying out of the litigation procedures can be demanding and complex, which may work to your disadvantage.
The employment contract, attendance records, pay statements, and the date of retirement and period of employment: after sufficiently preparing materials that can prove matters such as these, it is advantageous, if possible, to receive the assistance of an attorney experienced in labor cases.
In addition, the right to claim severance pay must be exercised within three years from the date of retirement, so you must take prompt action before the prescription period expires.
In particular, even when a company has gone bankrupt, whether the representative director can be held personally liable may become an issue, so a careful legal review is necessary.
We hope that you take prompt action and recover your rightful entitlements.
It is advantageous to sufficiently prepare materials that can prove such matters as the employment contract, pay statements, and the date of retirement, and, if possible, to receive the assistance of an attorney.
We wish you a swift recovery of your rights.
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YoungKon CHO
T. 070-7510-2014
Experience as Chief of Seoul Central District Prosecutors' Office and Chief of Daegu District Prosecutors' Office

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Prosecutor experience at Seoul Southern District Prosecutors’ Office and Busan District Prosecutors’ Office

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Experience as a senior prosecutor at the Seoul High Prosecutors' Office and a police officer at the Seoul Metropolitan Police Agency
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